Revolutionary War Pension and Bounty Land Warrant Application File W. 21,098, John Fairbanks, Mass.

SERVICE
Mass.
Fairbanks, John Jr. Fanny
NUMBER _____
W 21.098
CONTENTS

9.628 New York  A. of Fanny Fairbanks decd. widow of  John Fairbanks 1855 who was a  private in the  Revolution
Inscribed on the Roll at the rate of 36. Dollars 54. Cents per annum, to commence on the 4th day of March, 1843. sent 10 th July 1847.
Certificate of Pension issued the 24 th day of Oct r 1855. and sent to
C. H. Merrill Rouses Point N. York.
[Acts of March 3, 1843, and June 17, 1844.]
Recorded in Book  26. Vol.  R.  Page  119.

Know all men by these presents, that I Warren C. Fairbanks of Chautauqua in the County of Chautauqua and State of New- York Son of the Widow and Revolutionary Soldier, mentioned in the annexed declaration do hereby constitute and appoint Calvin H. Smith of Rouse's Point in the County of Chautauqua & State of New York my true and lawful attorney for me & in my name to receive from the Commissioner of Pensions the Warrant or Certificate which may issue on the annexed declaration & application; and further to prosecute said claim to final determination; hereby ratifying and confirming whatsoever my said attorney shall lawfully do or cause to be done in the premises. Witness my hand and seal this sixteenth day of July A.D. 1855.
Sealed & delivered in presence of Warren C. Fairbanks M rs B. D. Mathew
State of New York } County of Chautauqua } ss.
Be it known that on the sixteenth day of July A.D. 1855 before the subscriber a Judge of the County Court — in said County, personally appeared Warren C. Fairbanks above named and acknowledged the foregoing power of attorney to be his act and deed. In testimony whereof I have hereunto set my hand the day & year last above mentioned
M rs B. D. Mathew Chautauqua County Judge

State of New York County of Clinton ss. On this Sixteenth day of July A.D. one thousand Eight hundred and Fifty Five personally appeared in open court, at the Court House in the Town of Plattsburgh before the Hon. Thomas B. Watson a judge of the County Court of the County of Clinton. Warnings. — Fairbanks a resident of Champlain in the County of Clinton and State of New York aged fifty three years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provisions made by the Act. of Congress passed July 4. 1836 "entitled "an act granting half pay to widows or orphans where their husbands or fathers have died of wounds received in the military service of the United States in certain cases. and for other purposes" And all subsequent acts, laws, and dispositions in which the children of the widow of a deceased soldier are entitled to the pension vested in said Widow by reason of her husbands services in the Revolutionary war, and who did not apply. That he is the son of Fanny Fairbanks the widow of John Fairbanks the identical person who was a private in Captain Ichabod Dexters Company. Col. Ruggles Woodbridges Regiment Massachusetts Line. and served Eight months at one period as appears from the certificate of the Secretary of the Commonwealth of Massachusetts, the time when the service was performed not stated and the roll being lost. Also from the same certificate it appears on pay roll of Captain Thomas Lord's Company Col. Job Cushing's Regt. that he was from Sept 1. 1777 2 months 29 days when he was furlowed; and he claims his father served Eighteen months including furlow and subsequent service. that he further claims his father served in all about three years if credence can be given to his fathers declarations. He further declares that the only children of the

said John Fairbanks now living are the following: Mr. Reuben Fairbanks, born the 20 th September 1781; Lydia Fairbanks, born 25 th April 1787; Malinda, the new widow of Daniel S. Johnson, born August 21. 1790; Fanny, the new wife of Emerson B. Lewis born the 27 th October 1796; John Fairbanks, born July 27. 1798; Warren C. Fairbanks, born 15 th  September 1801; He further declares that his mother Fanny Fairbanks, as he has always understood and believed to be true, was married to the said John Fairbanks at Athol in the County of Wooster in the State of Massachusetts, in the year one hundred and Eighty on the sixteenth day of July, by one James Humphrey Pastor of the first Congregational Church, as stated in the annexed Certificate - That my Mother's maiden name was Fanny Kilton; They moved from Athol to Champlain about the year 1805: That his father John Fairbanks died at Champlain in the County of Clinton in the State of New York on the twentieth day of October A.D. one thousand Eight hundred and thirty, aged seventy five years - That his said Mother was married to the said John Fairbanks previous to his leaving the service as he has understood and believes, and that the marriage took place the sixteenth day of July, Seventeen hundred and Eighty.
He further declares that his mother the aforesaid Fanny Fairbanks after the death of her husband John Fairbanks never afterwards married, but remained the widow of the said John Fairbanks until she died. And he further declares that the said Fanny Fairbanks, widow of the said John Fairbanks, died at Champlain in the County of Clinton & State of New York on the tenth day of July A.D. one thousand Eight hundred and forty seven; and that he, nor any of the children of the said John Fairbanks are

of the said Fanny Fairbanks, has never before made any application for the pension his said mother was entitled to receive, and who did not apply. He further declares that his said father & mother resided with him at the time of their deaths; that his father was not entitled to pension under the first pension act of 1818, by reason of property qualification, nor under the act of 1828 as he did not enlist for during the war. She died before the act of July 7, 1832 under which act he would have been entitled to services and full pay, had he lived to have made his de- claration & explained himself the different periods of his service in said war and their duration. And he further declares that his mother did not make application in consequence of not being able to find witnesses to prove the services of her husband and she was wholly ignorant of the existence of records of the services aforesaid, but which records do not cover the whole services claimed, inasmuch as they are in the lost rolls of Cap Dexter Company, and the further want of rolls of Captain Lord's Company after furloughed in December 1777; showing his return from furlough to the winter encampment at Tarrytown, as appears engraved by my father on his ponder horn while in Camp as stated in my application for inscription annexed; and he believes if the full records could be found, which are supposed to be lost, the last period of his service would come down to a time subsequent to said marriage, but for greater certainty as to which act the widow claim would come under, he must necessarily depend on the assistance of records in Washington & the circum- stances of the case. He further states that he has heard his father relate that he served at the battle of Coopers (1781)
Swain's Subscribed before me this 16 day of July 1855 } Warren B Fairbanks Thos B Watson Clinton County Index

And the said Judge doth declare his opinion after interrogating the abn applicants in the matter & from the annexed proofs that the said Warren L. Fairbanks & the other children in the abn declaration contained are the only surviving children of the said John & Fanny Fairbanks; that he found as is stated in said declaration in the Revolutionary war, and died on the 20 th October 1830 - That his widow Fanny Fairbanks was never afterwards married and died on the 10 th day of July 1847, and that they were married on the 16 th day of July 1780 And that the annexed papers are all the evidence used in support of this claim.
STATE OF NEW YORK CLERK'S OFFICE OF CLINTON COUNTY
ss.
LEWIS W. PIERCE, Clerk of the County Courts of said County, (the same being Courts of Record,) do hereby certify that Thomas B. Watson whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed instrument and thereon written, was at the time of taking such proof or acknowledgment a Judge in and for said County of Clinton, dwelling therein, commissioned, sworn and duly authorized to take the same. And further, that I am well acquainted with the handwriting of said Thomas B. Watson , and verily believe that the signature to the said certificate of proof or acknowledgment is genuine and that the said instrument is executed and acknowledged according to the laws of this State.
In Testimony Whereof, I have hereunto set my name and affixed the seal of said Court and County this 16 th day of
July
A. D. 1855.
L. W. Pierce Clerk

And the said Judge doth declare his opinion after interrogating the abn applicants in the matter - & from the annexed proofs that the said Warren L. Fairbanks & the other children in the abn declaration contained are the only surviving children of the said John & Fanny Fairbanks; that he served as is stated in said declaration in the Revolutionary war, and died on the 20 th October 1830 - That his widow Fanny Fairbanks was never afterwards married and died on the 10 th day of July 1847, and that they were married on the 16 th day of July 1780 And that the annexed papers are all the evidence used in support of this claim.
Dated July 16, 1833
M c D. B. Watson Judge of Clifton County Courts.

In Book N o 1 of the records of the Town of Athol is recorded the marriage of "John Fairbanks Jun To Fanny Bellon July 16 th 1780 by James Humphrey"
In the same Book Page 2 of records of Births is recorded the birth of "John Fairbanks son to John Fairbanks & Rebeck his wife was born May the 6 th 1755"
A true copy from said records Athol Aug st 8 th 1855
J. B. Goulding Town Clerk of said Athol Mass

State of New York
County of Clinton } ss.
ss. Ezra Stratton & Abigail Stratton, residents of the Town of Champlain in the County and State aforesaid, & the same persons heretofore sworn in the matter of the application of the heirs & children of Fanny Fairbank, deceased, widow of John Fairbank, for the pension due to their mother, being duly sworn do solemnly depose and say that the children now living of the said Fanny Fairbank & John Fairbank, are six in number, viz. Reuben Fairbank, born the 20 th Sept. 1781, Lydia Fairbank born the 25 th April 1787, Malinda, now widow of Daniel D. Johnson born the 21. Aug. 1791. Fanny the new wife of Emerson B. Lewis born the 27. Oct. 1796, John Fairbank born July 27. 1798, Warren C. Fairbank born 15 th Sept. 1801; That they were well acquainted with the said Fanny & John Fairbank in their life time, & with their children, and that the above named children are the only children of the said Fanny & John now living. That the dates respecting the ages of the several children above named are given upon information & belief, and from their own knowledge the dates correspond with the time of their births, they always having been acquainted with them from their childhood, and residing most of their lives near them. And further deponent, say not.
Ezra Stratton
Sworn & subscribed before me this 15 th day of October 1855. & I do hereby certify that the affiants
Abigail Stratton
STATE OF NEW YORK, CLERK'S OFFICE OF CLINTON COUNTY. } ss.
I, LEWIS W. PIERCE, Clerk of the County Courts of said County, (the same being Courts of Record,) do hereby certify that M. Van Dervoort Esq., whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed instrument and thereon written, was at the time of taking such proof or acknowledgment a Justice of the Peace in and for said County of Clinton, dwelling therein, commissioned, sworn and duly authorized to take the same. And further, that I am well acquainted with the handwriting of said Justice of the Peace, and verily believe that the signature to the said certificate of proof or acknowledgment is genuine and that the said instrument is executed and acknowledged according to the laws of this State.
In Testimony Whereof, I have hereunto set my name and affixed the seal of said Court and County this 16 th day of October A. D. 1855.
L. W. Pierce
Clerk

State of New York
County of Clinton
ss. Ezra Stratton & Abigail Stratton, residents of the Town of Champlain in the County and State aforesaid, & the same persons heretofore sworn in the matter of the application of the heirs & children of Fanny Fairbank, deceased, Widow of John Fairbank, for the pension due to their mother, being duly sworn do solemnly depose and say that the children now living of the said Fanny Fairbank & John Fairbank, are six in number, viz. Reuben Fairbank, born the 20 th Sept. 1781, Lydia Fairbank born the 25 th April 1787, Malinda, now widow of Daniel D. Johnson born the 21. Aug. 1791. Fanny the now wife of Emerson B. Lewis born the 27. Oct. 1796, John Fairbank born July 27. 1798, Warren C. Fairbank born 15 th Sept. 1801: That they are well acquainted with the said Fanny & John Fairbank in their life time, & with their children, and that the above named children are the only children of the said Fanny & John now living. That the dates respecting the ages of the several children above named are given upon information & belief, and from their own knowledge the dates correspond with the time of their births, they always having been acquainted with them from their childhood, and residing most of their lives near them. And further deponent, say not.
Ezra Stratton
Sworn & subscribed before me This 15 th day of October 1855.
Nigel Stratton
I further certify that the affiants are personally known to me to be persons of creditability.
M Van Dervort Justice Peace

State of New York County of Clinton
I Thomas B. Watson Judge of Clinton County Courts do hereby certify that upon the annexed proofs submitted in Open Court on this Sixteenth day of October, A.D. 1855, at the Courts House in Plattsburgh, in said County of Clinton, it appeared to my satisfaction that in the matter of Fanny Fairbank deceased, widow of John Fairbank, late of Champlain in said County, in a pension claimed by her children, on account of her husband's services in the Revolutionary war, that there are only six children of the said Fanny Fairbank now living, and that their names and ages are as follows viz. Reuben Fairbank born the 20 th Sept. 1781, Lydia Fairbank born the 25 th April 1787, Malvina now widow of Daniel D. Johnson born the 21 st August 1791, Fanny, the now wife of Emerson B. Lewis born the 27 th day of October 1796, John Fairbank born July 27, 1798. Warren C. Fairbank born 15 th Sept. 1801.
Thomas B. Watson, Judge of Clinton County Courts
STATE OF NEW YORK, } ss. CLERK'S OFFICE OF CLINTON COUNTY.
I, LEWIS W. PIERCE, Clerk of the County Courts of said County, (the same being Courts of Record,) do hereby certify that Thomas B. Watson whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed instrument and thereon written, was at the time of taking such proof or acknowl- edgment a County Judge in and for said County of Clinton, dwelling therein, commissioned, sworn and duly authorized to take the same. And further, that I am well acquainted with the handwriting of said Thomas B. Watson , and verily believe that the signature to the said certificate of proof or acknowl- edgment is genuine and that the said instrument is executed and acknowledged according to the laws of this State.
In Testimony Whereof, I have hereunto set my name and affixed the seal of said Court and County this 16 th day of October A. D. 1855. L. W. Pierce
Clerk

Con Rev. War Section
mmf August 24, 1922
Miss Ruth Cooper Altadena, Box 24 California
Madam:
In response to your letter of June 29, 1922, you are advised that from the papers in the Revolutionary War pension claim W. 21098 it appears that John Fairbanks, Jr., who was the son of John Fairbanks and his wife Relief, was born May 8, 1755 in Athol, Worcester County, Massachusetts.
He enlisted as private ( date not stated ) in Athol, Massachusetts and served eight months in Captain Ichabod Dexter's Company, Colonel Ruggles Woodbridge's Regiment; September 1, 1777 two months and twenty-nine days in Captain Thomas Lord's Company, Colonel Job Cushing's Regiment. Was promoted to Captain and later to Major ( no details of this service given ). He died October 20, 1830 in Champlain, Clinton County, New York.
On July 18, 1780 in Athol, Massachusetts he married Fanny Kilton ( or Kelton ) who died July 10, 1847 in Champlain, New York, leaving six children as follows: Reuben born September 20, 1781; Lydia born April 25, 1787;

Malinda ( widow of Daniel D. Johnson ) born August 21, 1791; Fanny ( wife of Emerson B. Lewis ) born October 27, 1796; John born July 27, 1798 and Warren C. born September 15, 1801 all living in 1855.
Pension was allowed children on account of their father's services, upon application of his son Warren C. Fairbanks, executed July 16, 1855 while living in Champlain, New York.
There is no further data on file as to family.
Very respectfully,
Commissioner.

Rev WIDOW, &c.
File No. 21.098
Fanny Fairbanks Widow of John Fairbanks Ohio Rev. War.
Act: March 3 rd / 43 June 17 th 1844.
Index:—Vol. 24 , Page 228
[Arrangement of 1870.]

Mar. 23/1922 Boston.
Mil. Hist. to L.S. Fairbanks Mass. M.E.
See date
letter file of June 5-1896 p. 5.
Oct. 14/1922
Calvin E. Lewis, Milwaukee, Wis. 1922. Aug. 23. High. To Miss Ruth Cooper. mtd.

Rec d of Mr. Niles in the Pension office the Powder Horn filed in the case of Fanny Farnbach, widow of John, a soldier in the Revolutionary war.
Worcester Jan y 30. 1856
C. H. Aresin M y of the Administration

No 8139.
Fanny Fairbanks widow of John New York
(K. Accts July 28 1855 Same Aug 27 1853 same Sept 13 1853 " Oct 3 /55.
July 4 1836

11.786
New York. A.
Fanny Fairbanks. dec d widow of John who died on the in the State of who was a private in the commanded by Captain of the commanded in the Revolution time for 11. Mo s & 29 days.
Inscribed on the Roll of Albany at the rate of 36. Dollars 54 Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 24 th day of October 1855. and sent to O. H. Merrill Arrears to the 4th of Rouses' Point Semi-annual allowance ending N. York.
Revolutionary Claim, Act July 7, 1838.
Recorded by G. J. Getty Clerk. Book No. Vol. 2. Page 56.

No 8137
Harry Harbans Recd widow of John N. York
No 15357
Act. July 7. 1838.
July 4 1830
July 7. 1838.
Marry July 16, 1780
He died Oct. 20, 1830
She died July 10, 1847.

State of New York County of Clinton } ss. Ezra Stratham of Champlain in said County aged Seventy four years being duly sworn depos deposes & says, that he was born & brought up in the Town of Athol, Worcester County in the State of Massachusetts; that he was well acquainted with John Fairbanks & Fanny his wife, the persons named in the annexed Declaration, when they resided in Athol aforesaid; that he has known them from his youth until their death; that he resided in Champlain aforesaid when they died; that he died in Champlain in the year A.D. 1830; that she died in July 1847; that she was never married after the said John Fairbanks death; and he knew them to habit as husband and wife ever since he first knew them, and they were always reputed as husband and wife; that the said Fanny Fairbanks, widow of John Fairbanks was own cousin to his wife, and deponent lived within a quarter of a mile from them when they lived in Athol; that they and this deponent moved from the said Town of Athol to Champlain aforesaid about the year Eighteen hundred and five; that they had children by said cohabitation, the same children named in the annexed declaration who are all of full age. And deponent further saith that in the Town of Athol as well as in Champlain, the said John Fairbanks was always reputed to have been a soldier in the Revolutionary war; that the said John Fairbanks after the Revolutionary war and as long as deponent was ten years old upwards was a Captain in the Athol Company of Militia and rose from that to Major, and always bore that title until his death.
Sworn & subscribed before me
this 4 th day of July 1855
John Bulb's Justice Peace
Ezra Stratham
State of New York County of Clinton } ss. Abigail Stratham of Champlain in said County aged Seventy five years being duly sworn deposes

depose & say that she was born and brought up in the town of Athol, Worcester County, Massachusetts, and removed from the town of Champlain on or about the year A.D. 1807, that she was well acquainted with the said John Fairbanks and Fanny Fairbanks, the same identical persons named in the annexed declaration. That the said John Fairbanks was always reputed to have been a soldier in the Revolutionary war and to have entered the Army from Athol. That he married deponent over cousin Fanny Hiltson, and served as she has always understood in the company commanded by her two uncles Captain Hiltson and Capt Lord, in the Revolutionary war.
And deponent further saith, that they were always reputed to be husband and wife, & she knows they cohabited together as such for a great number of years when they lived in Athol, and when they lived in Champlain, & until the death of the said John Fairbanks in 1830: that the said Fanny, widow of the said John Fairbanks, died at Champlain on or about the tenth day of July 1847. That she never married after the death of the said John Fairbanks: that the children named in the annexed declaration are the only surviving children of the said John Fairbanks and Fanny Fairbanks & are all over the age of twenty one years.
Sworn and subscribed before me this 4 th day of July A.D. 1858 John Bell B. J. Pierce Miss Agassiz Miss Agassiz Miss Agassiz
I certify the foregoing Erra Stratton & Abigail Stratton are well known to me to be persons of creditability
John Bell B. J. Pierce L.P.

Commonwealth of Massachusetts.
Secretary's Office, Boston, May 24 th 1855.
I Hereby Certify, That from an examination of the Books and Documents relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the NAME of John Fairbanks is borne on return of 8 mos. service in Capt. Ichabod Dexter's Comp. Col. Ruggles - Woodbridge's Regt. return not dated. from Athol. Other returns in the same Regiment dated Sept. 28. 1775. Capt. Dexter has no Coat roll, probably it was lost. Also on pay roll of Capt. Thomas Lord's Comp. Col. Job. Cushing's Regt. from Sept. 1. 1777 2 mos. 29 days. When he was furloughed, Sworn to in Worcester County.
10.29
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
E. M. Sleeper Secretary of the Commonwealth.

Application for Certificate of Revolutionary Services, made by the son of the party who rendered the services.
I Warren C. Fairbanks of Rensselaer County of Clinton & State of New York.
The Secretary of the Commonwealth of Massachusetts is hereby requested to furnish evidence from the Rolls in his office of the service of John Fairbanks in the war of the Revolution. He was a native of the Town of Athol in the County of Worcester and State of Massachusetts, as he entered the service from the Town of Athol where he then lived, as a private, in the Company commanded by Captain — (not recollected) Regiment (not recollected)
We have nothing in the family, or among his papers to show his services, except I have in my possession a powder horn, which my father has often declared he used when in the Revolutionary war. The following is engraving on said powder horn during a term of 18 months service.
  "New Hampshire  "Delaware    "Massachusetts  "Maryland    "Connecticut  "Virginia    "Rhode Island  "North Carolina    "New York  "South Carolina    "New Jersey  "Georgia    "Pennsylvania   
"John Fairbanks; His Horn; November 1777. In Camp, at Saratoga"
I am now fifty three years old, and my memory does not enable me to state the services more fully than above stated, except he served 3 years in all.
You will please direct your answer to C. H. Averill Esq. my attorney at Rensselaer County N.Y.
Witness my hand this 21 st day of April A.D. 1855- Signed by said Warren C. Fairbanks in my presence
John H. Bell
Justice Peace
Warren C. Fairbanks

STATE OF NEW YORK, } ss. CLERK'S OFFICE OF CLINTON COUNTY. }
I, LEWIS W. PIERCE, Clerk of the County Courts of said County, (the same being Courts of Record,) do hereby certify that John Bullis Esq whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed instrument and thereon written, was at the time of taking such proof or acknowledgment a Justice of the Peace in and for said County of Clinton, dwelling therein, commissioned, sworn and duly authorized to take the same. And further, that I am well acquainted with the handwriting of said Justice of the Peace, and verily believe that the signature to the said certificate of proof or acknowledgment is genuine and that the said instrument is executed and acknowledged according to the laws of this State.
In Testimony Whereof, I have hereunto set my name and affixed the seal of said Court and County this day of
July
A. D. 185 6 .
16th L. W. Pierce
Clerk

Athol
June 14. 1855.
C. K. Auerill,
Rivers Point N.Y.
Dear Sir. Below I copy for you, as you request, the record of the marriage of John Fairbanks junior, as it stands on the ancient Records of my church in the hand writing of Rev. Mr. Humphrey, then Pastor of the church. They July 16
J. F. Clarke,
Pastor of the First Cong. Church
Athol, Mass.
"Athol July the 16. 1780 John Fairbanks junior and Fanny Kilton was married by me. . . . ."
[Signed]
"James Humphrey."

State of New York County of Clinton
ss. Caleb Smith a Resident of Champlain in said County & State, aged Seventy five Years being duly sworn doth depose and say that he was well acquainted with John Fairbanks deceased late of Champlain aforesaid who was called Major Fairbanks & was generally reputed in the neighborhood and town in which he lived to have been a soldier in the Revolutionary war. & it was universally believed that he did serve as such. And deponent further saith that the annexed poem horn he has seen in the possession of the said John Fairbanks when living in Champlain, and in the possession of his family since his death. That he has heard him claim the said horn as his, and that the same horn was used by him in the Revolutionary war, and that he engraved the inscriptions thereon when he was in the service in said war. Always when he spoke of the said horn in connection with his service in said war he claimed it to be his own account worn by him in said war. And further deponent saith not.
Sworn & subscribed before me this 22 d day of September 1855
Caleb Smith
and I certify that the said affiant is personally known to me, and that he is a person of credibility
M c Vane Derwort Justice Peace
State of New York County of Clinton
ss. Malindoo Johnson of Champlain in said County, aged Sixty three Years being duly sworn doth depose and say that the annexed horn is the identical horn he has before seen in the possession of the late John Fairbanks of Champlain now deceased, the husband of Fanny Fairbanks also deceased; that he always claimed it to be his and as the one he used in the Revolutionary war and on which he engraved the inscriptions which

appear therefor, when he was in the war. said deponent further saith that since the death of the said John Vanbark, the said powder horn has remained in the possession of his family, at Champlaine aforesaid.
Sworn & Subscribed before me this
Melina Johnson
22 d day of September A.D. 1855.
I Certify that the above named affiant is well known to me to be a person of credibility.
M VanDevort Justice Peace
Affidavit

State of New York } County of Clinton } Warren C. Fairbank, the ordinarant, and son of John Fairbank, being duly sworn says that the annexed powder horn was always claimed by his father as his, and the one worn by him in the war of the Revolution - that he has often heard his father say that he engraved the inscription hereon which appears on said horn, and that he did it when in camp at Saratoga in the year mentioned on said horn - And he further declares that said horn has always been in the possession of his father since he was a child, until his death, and that he lived with this deponent at the time of his death - And ever since his death the said horn has been preserved in deponent's family as a relic - that he heard his father say how long it took him & how difficult it was for him to link together the Sticks, in the manner in which it appears on said horn - And further deponent saith not.
Sworn & Subscribed before me W. C. Fairbank this 22 d day of September 1855 & I further certify that I know the affiant to be a credible person. M VanDevort Justice Peace
State of New York } County of Clinton } Lydia Fairbank daughter of the said John Fairbank aged sixty six years, being duly sworn says the annexed powder horn was owned by her father ever since her remembrance from a child & in the possession of my father until his death; that after his death, it was left in the possession

of her brother Warren C. Frank. where it has since remained - She deposes that she has often heard her father tell that he engraved the inscriptions on the said horn when he was in Camp at Farmington in the year mentioned on said horn. - And she further declares that her said father has often told her & the family, how he used to shave himself by the glass, which was once fixed in the butt of said horn, when he was in the war of the Rebellion -
And further deponent saith not. Sworn & subscribed before me this 22 nd day of Sept. 1855. Sylvia Frank
I certify that the affiant is known to me to be a person of creditability -
N Van Dervort Justice Peace

State of New York County of Clinton 3 rd fs.
Ephraim Smith a resident of Champlain in said County, aged Seventy Nine years, being duly sworn doth depose & say that he was born & brought up in the Town of Athol, Worcester County, Commonwealth of Massachusetts and resided there until the year 1820 when he moved to Champlain aforesaid; that when a resident of Athol he became acquainted with John Fairbank, the father of Major John Fairbank, and was very intimate in both their families; was on very familiar terms with John the son, who was Captain of the Athol Company of Militia after the Revolution, was, in which Company this deponent served as fifer under him. - He was afterwards Major, & bore that title until his death. After they both left Athol they ever after lived near neighbors in Champlain. He further declares, he was well acquainted with Capt. Thomas Lord of Athol, the same person who commanded the Company in which it was reported the said John Fairbank the son, served & did military duty in said war. - And he has heard Captain Lord repeatedly say, & the said John Fairbank the son say, when conversing together in the presence of each other, & in the presence of this deponent that they served in the said war together, the one as Capt., & the other a private. And he has heard his own father, & the said John Fairbank the son, converse & relate their adventures in the war of the Revolution, particularly one time, when returning to camp, where the American Army was in Winter Quarters at or near Fartown, on the North River - they having been furloughed, & came home to Athol, & returned in the spring, traversing the woods Eighty Miles, each way across the country & back from camp without interruption, or accident. He further declares that in all the various conversations which he has held with the father & the son, and the family, he never heard the father claim to have served at all, in the Revolutionary war.

and this deponent is confident he was too old, in the time of the war, to be required to do military duty, and if the common talk in his family, this private history be true, he could not have served in said war.
And deponent further saith, he has this day been shown the powder horn of the late John Fairbank the son, with his name engraved thereon, now in the possession of his family, which he recognizes as being the same horn, that he saw in his possession claiming to be his, or the one used by him in the Revolutionary war, upwards of sixty years ago, when they both resided in Athol.
He further declares that all the time he knew the late John Fairbank the son, he never knew him to write (or he has often seen him write his name,) with the affix of Junior to his name.
Of Abraham Smith
Sworn & subscribed before me this 4 th day of September A.D. 1855.
I certify that I am well acquainted with the above affidavit & I know him to be a credible person
M Van Dervort Justice Peace
STATE OF NEW YORK, } ss. CLERK'S OFFICE OF CLINTON COUNTY. }
I, LEWIS W. PIERCE, Clerk of the County Courts of said County, (the same being Courts of Record,) do hereby certify that M Van Dervort, Esq. whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed instrument and thereon written, was at the time of taking such proof or acknowledgment a Justice of the Peace in and for said County of Clinton, dwelling therein, commissioned, sworn and duly authorized to take the same. And further, that I am well acquainted with the handwriting of said Justice of the Peace, and verily believe that the signature to the said certificate of proof or acknowledgment is genuine and that the said instrument is executed and acknowledged according to the laws of this State.
In Testimony Whereof, I have hereunto set my name and affixed the seal of said Court and County this 6 th day of September A. D. 185 5 .
L. W. Pierce Clerk

State of New York County of Clinton
Erna Stratten a resident of Chauncy in said County, who has been before sworn in this matter of the heirs or children of Fanny Fairbank widow of John Fairbank for a pension, being duly sworn doth depose & say, that he was well acquainted with John Fairbank the father & John Fairbank the son when they both were residents of the Town of Atchison in the County of Worcester in the Commonwealth of Massachusetts. And he further declares, he was intimately acquainted with John Fairbank the father, & connected by marriage; the sister of the deponent having married one of the sons of said John Fairbank the father & he knows his whole history, and that of the family, & he knows he never was in Atchison or elsewhere reported to have been a soldier in the Revolutionary war, but that his son John was reported to have been a soldier in the American Army in the Revolutionary war, and was so universally believed and esteemed by his neighbors and fellow townsman living in the Town of Atchison aforesaid. And he further declares, he has often conversed with the members of the family, & with the said John Fairbank the son, respecting the trial, & incidents of the war, in which he declared he had served; and he has conversed with John Fairbank the father on the subject of the war, but never heard him claim to have served under any enlistment or service whatever in the Revolutionary war, and from deponent's recollection of his age & abilities, he does not believe he could have endured the fatigues of a march or campaign. He further declares the powder horn, on which John Fairbank's name is engraved, now in the possession of his family in Chauncy, & which he has this day seen & examined is the same horn, which he saw in his possession when living in Atchison upwards of fifty years ago; that the said John Fairbank the son was an ingenious carver, & he has heard him declare he engraved it on said powder horn when in camp in said war. - That he frequently saw him

write his name & never knew him to offer junior to it. When living in Adk & in Champlain though his father was living. And deponent is confident from his family connection with the said John Fairbank the son, & father, was being conversant with their private history, that it was no other person, but John, the son who performed the military service as captain Dexter & Lord's company, in the Revolutionary war; And further deponent saith he has heard the father declare that his son John served in said war.
Sworn to. Subscribed before me this
4 th day of September A.D. 1855
I certify I know the affiant to be a person of creditability & am well acquainted with him.
M. Van Dervort Justice Peace.
Cyrus Strother

Brief in the case of Fanny Fairbanks, dead wid of John. Clinton County and State of New York
act
July 7. 1838 etc. etc.
Claim, ("original," or "for increase.")
Proof exhibited, (if original.) Original.
Is it documentary, traditional, or supported by rolls? If either, state the substance.
The marriage of John and Fanny Fairbanks on the 16 th of July, 1780, shown by a certificate of the Town Clerk of Athol, Mass. Ten months and 29 days service with which the said John is identified, shown by the Records in the office of the Secretary of Massachusetts, at Boston. Her death on the 10 th of July, 1827, and the appointment of Administrators on her estate, with the names and number of her children now living certified as required by the regulations. (If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Name and residence of Agent
C. H. Averill Rouse's Point, New York
Examining Clerk.
G. de Mille

State of New York County of Clinton Co. ss.
I certify that Waldo Averill and Warren C. Fairbank have been duly appointed Administrators of the Estate of Fanny Fairbank deceased, widow of John Fairbank, late of Champlain in said State; And that the Amount of their Official Bond filed in this Office, and approved by me, is Sixteen Hundred Dollars
Given under my hand and official seal as Surrogate of the County of Clinton in said State of New York at Plattsburgh this fourth day of October 1858.
Thos. M. Mathew Surrogate

Rose's Point Aug. 15. 1855-
Sir,
I re d yours of the 28 th July in respect to this claim, and have procured the record of marriage duly authenticated
In respect to requiring the certificate of the Town Clerk of Athol, for similar names are his books, I sent him an extract from your letter, leaving out the last paragraph relating to the Record of Marriage - And he has sent me the enclosed Certificate of the marriage & the birth of John Frankbank son of John Frankbank & Relief his wife.
In his letter, which I also send you, he says it is all he can find in the town books re.
There is a person living in this town, the same witness who testified

Rose's Point Oct. 4. 1855
Hon. J. Elliot
Com. of Pensions
Sir.
Inclosed I send you the certificates of the Surrogate of the County of Clinton, of the appointment & administration bond of their official bond, in the matter of the declaration of Maria C. Frankbank, relict of Henry Frankbank widow of John Frankbank deceased. for a Pension under the Act of 1836
Yours Respectfully C. H. Averill

Commonwealth of Massachusetts.
WORCESTER COUNTY, ss.
I, Joseph Mason Clerk of the Supreme Judicial Court, which is a court of record for the County and Commonwealth aforesaid, do hereby certify that
Isaac Stevens Esquire, whose signature is affixed to the Certificate on the paper hereunto annexed, was at the date thereof a Justice of the Peace in and for said County, duly commissioned and qualified and authorized by the laws of this Commonwealth to take the acknowledgement of deeds and administer oaths, that full faith and credit is and ought to be given to his acts and attestations done in that capacity, and that his SIGNATURE to said CERTIFICATE is genuine.
Given under my hand, and the seal of said Court, this eighth day of August in the year one thousand eight hundred and fifty- five
J. Mason Clerk.

State of Massachusetts County of Worcester } ss.
On this Seventh day of August A.D. one thousand eight hundred and Fifty Five, personally appeared before me a Justice of the Peace within and for the County & State aforesaid Samuel F. Clarke ————— aged thirtyseven years a resident of the Town of Athol in the County & State affirmed according to law, he having conscientious scruples against taking an oath aforesaid, who being duly sworn according to law , declares that he is the Keeper of the Records of the Congregational Church of the Town of Athol aforesaid in which are entered the marriages Solemnised therein; that he has examined the original book of entries in his possession on the marriage of John Fairbank & Fanny Fairbank, and finds entered therein in the hand writing of the Rev. James Humphrey del. the Pastor of said Church the following, which is a true copy of the word, with the exception of the date, which is expressed in the record in fair legible figures as follows "Athol July 16. 1780 John Fairbank junior & Fanny Hilton was married by me."
James Humphrey "
"Athol July the Sixteen, Seventeen Hundred Eighty John Fairbank junior & Fanny Hilton was married by me ————— James Humphrey. "
I S. F. Clarke ————— above named, depose and say, that I hold the office of Pastor of the Church aforesaid in the County, Town, and State aforesaid, and that the above is a true extract from the Records of said Church with the exception above named as certified by me S. F. Clarke.
6. d. Print
Affirmed Sworn before me Isaac Stevens. J. Peace
State of Massachusetts } ss. County of Worcester } ss. 8
blank of the

County of Worcester aforesaid do hereby certify that _____ who has signed the foregoing is a Justice of the Peace for the County aforesaid & at the time authorised to administer oaths, and that the above is his signature.
In testimony whereof I have hereunto subscribed my name and affixed my seal of Office this _____ day of August A.D. one thousand Eight hundred and fifty five.
Clerk

Rouses Point Oct 16. 1858
Hon. S. Hale
Acting Comt. of Pensions
Sir,
I rec d . yours of the 3 rd inst., deciding to allow the claim in the case of Fanny Fairbank dec d . under the Act of July 7. 1838, after having filed it under the act of July 4. 1836; for the amt. of services shown by the Certificate of Socy. of Mass. for 10 mo. & 29 d s .
I cannot but express my dissatisfaction to this decision for the following reasons: 1 st The declaration of the claimant states the case with great frankness & liberality, leaving it entirely with the justice of the Pension Dept. to fix under which law the case should come. I concede there is not record proof to entitle applicant to full pay, though there is hearsay & traditional evidence to that extent, and to the extent that the last period of his service was at the

battle of the Europeans in 1781 a year later than the marriage.
If you will examine the case further to the point of time of service, you will see there would be injustice done to confine the term of service to 10. mo. & 29 d.
1 st Because you do not give credit to any service beyond the record proof . and against the opinion of the Board.
2 d Because you do not give credit for what the Record shows.
You say, the last period of his service was 1777. The Certificate of the Socy. of Mps. shows that, a few days after the date engraved on the powder horn, he was furloughed; for how long a time it does not show.
The time he was on furlough , he is entitled to have accounted in. (See decision of Secy. of Interior Jan'y. 27. 1852) as a part of his service.
The evidence of W m . E. Smith, shows he returned from furlough the next spring (1778).
The presumption is very strong that he at the time rejoined his Regiment, for the spring &

Summer Campaign of 1878. & that he was serving out a term of enlistment of 18 mo. as claimed which the last records referred to in the Socy: Certificate might show if they could be found. Would it not be right & consistent with the truth, to presume as much?
Entertaining the belief I do, that the testimony warrants a different application I hope you will examine more particularly the points in the testimony to which I refer.
Letters of Administrators have issued, & a Certificate of the Surrogate & the amount of Bonds certified, it is presumed have reached you by this time.
The further certificate of the bond as required will be sent in due season.
Yours Very Respectfully, L. K. Averill

Com 1753.
ms 1780

Atchol Aug d 10 th 1885
Mr Averill
Sir Yours of the 1 st was not answered for some days as I was out of town on a journey at the time of its arrival in town. But enclosed with this I send you what information I can get from the records of the town, I find some old people in town that used to know Mr Fairbanks & his son John Jr - they say that the old gentleman died in this town but I cannot find any record of his death in the town books - One man here says the young man John Jr was a Major & he has been under his command - There are relatives of the family in the town some 2 or 3 miles from here which might be able to give you more information if wanted.
Yours &c J. P. Goulding - For my bill please send me $1.00 - yours &c J. P. G.

Rose's Point Clinton
C. Ny. Sept. 6. 1855
Dear J. Minot
Comt. of Pensions
Sir
I received yours of the 2 nd ult. requiring further evidence in the pension claim of Warren Fairbanks one of the children of Fanny Fairbanks widow of John Fairbanks of the Revolutionary war whose declaration is filed under the act of 1836.
I herewith send the further evidence, and enclose more of the same nature should this not remove the difficulty.
Yours Respectfully L. K. Averill

1830 75- 175-5-
Reuben Fairbanks 1 Lydia Fairbanks 2 Malinda Johnson 3 Fanny Lewis 4 Ino Fairbanks 5- Nancy C Fairbanks 6 — Ino Fairbanks d 1830 Fanny Fairbanks d 2 10 d 1847 Ino 1780

Rose's Point July 17. 1855
Dear S. P. Waldo
N.Y.
Comm: of Pensions
Sir
I send you herewith the Application of Warren C. Fairbanks one of the children of Fanny Fairbanks widow of John Fairbanks, for the pension due her, & who died before making application, under the act of July 4. 1836.
I am very Respectfully
Your ob. Servt.
C. H. Avenell
Atty in Claimant

New York (Albany) Agency.
Fanny Fairbanks, etc. widow of John, who was a private chef trust —
Act July 7. 1838 & 41.
for 40 months & 29 days
per annum. $36:54 per
ann. commenced March 4, 1836, end July 10, 1847, when she died, except two years
Payable to Calvin  Calvin K. Arneil & Warren C. Fairbanks, etc. use of Reuben Fairbanks, Lydia Fairbanks, Melinda Johnson, Fanny Lewis, John Fairbanks & Warren  Warren C. Fair- banks, as surviving children &c
C. K. Arneil Houses' Point. Clinton Co. Ky.

Pensis Point Sept. 22. 1855 Dear S. Minot 6 out. of Pensis Pis.
I send you the horn requested with the evidence taken before the same magistrate as the last were.
It is the desire of the family that this horn be restored to them after you have sufficiently examined it
I will call for it in the fall.
Letters of administration are being taken out where purported the Letter & Certificate of the amount of the bonds will be sent to your office.
I am very Respectfully
Your o b d. Servt.
C. N. Avenill
Ponder Horn in the Mily Room.
Oct. 3/55

Rouse's Point Clinton Co. N.Y.
Oct. 16. 1858
Hon S. Cole
Acting Comt. of Pensions
Sir,
I send you herewith the further certificate of the board etc. in the case of Fanny Frithauk widow of John. for pension.
I am very Respectfully,
Your obed Servt.
C. H. Averill

621 Hackett Ave Milwaukee Wis Oct 7. 1897
Commissioner of Pensions Washington
Dear Sir, I am anxious to become a member of organization of the Sons of the Revolution - and unless you hope you will kindly furnish me with the necessary information to do so -
My Grandfather was Timothy Lewis who was born in the Town of Ashfield Mass. May 24. 1764 and served in the War as a private with the Massachusetts troops. He was a prisoner for many years and died

2 in Belvidere Ill I think he resided in 1832 in China Greene Co New York
My Grandfather on my mother's side was also an officer in the Revolutionary War - and on his tombstone in the Town of Champlain Clinton Co New York, when he died is the following as near as I can remember
"Major John Fairbanks born in Atol Mass was in the Revolutionary War served on Genl. Washington's staff and wintered with him at Valley Forge". he also received a pension for his son Warren B. Fairbanks Champlain NY obtained it for him, any information you

3
may give me I will be very grateful for .. and if there is any expense incurred in getting same I will cheerfully pay -
Hoping to hear from you soon I am
Yours truly Calvin E Lewis
I will refer to
Hon John Spooner U S Senator " John Mitchell Wisconsin

This Bureau can furnish the military record of only such Revolutionary soldiers as were pensioned or whose widows were pensioned for their services.
Such of the original muster and pay rolls of the Revolutionary War and the War of 1812 as are now in the possession of the Government are on file in the Record and Pension Office, War Department. Original rolls and other records pertaining to service in the Revolutionary War may also be found on file in the archives of many of the original States.
M. E. C. Inv. 13,732. Wid. 21,098.
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
WASHINGTON, D. C.,
O. W. & N. DIV.
REVOLUTIONARY.
October 14, 1897.
Sir:
Replying to your request for information concerning Timothy Lewis and John Fairbanks, soldiers of the Revolutionary war, you are advised as follows:
Timothy Lewis made an application for pension on October 9, 1832, at which time he was sixty-eight years of age and residing at China, N. Y., and his pension was allowed for fourteen months' actual service as a private in the Massachusetts troops, Revolutionary war; a part of the time he served under Capt. Densmore and Col. Maxwell. Enlisted at Ashfield, Mass.
The heirs of John Fairbanks made an application for pension on July 16, 1855, and the pension was allowed for the actual service of John Fairbanks as a private in the Massachusetts troops, Revolutionary war, for a period of ten months and twenty-nine days; a part of the time he served under Capt. Dexter and Col. Woodbridge. He enlisted at Athol, Mass. His widow
Very respectfully,
Mr. Calvin E. Lewis,
621 Hackett Ave.,
Commissioner.
Milwaukee, Wis.

Supplemental.
(John Fairbanks)
The application for pension was made by Warren C. Fairbanks in 1855, at which time he was residing in Champlain, N. Y., and he stated that the then surviving heirs of the soldier were as follows:
Reuben born Sept. 20, 1731, Lydia " Apr. 25, 1737, Malinda Johnson " Aug. 21, 1791, Fanny Lewis " Oct. 27, 1796, John " July 27 1798, Warren C. " Sept. 15, 1801.

O. W. & N. Division.
DEPARTMENT OF THE INTERIOR,
F. S.
Bureau of Pensions,
M.E.C.
Washington, D. C., March 23, 1895.
Sir:-
In reply to your request for a statement of the military history of --- John Fairbanks --- a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE. CAPTAIN. COLONEL. A pension was allowed to the heirs of this soldier for his services as follows: 8 months from 1775 as a private in Capt. Ichabod Dexter's Co., Col. Woodbridge's Mass. regiment, and 2 months and 29 days from Sept., 1777, as a private in Capt. Thomas Lord's Co., Col. Cushing's Mass. Regiment.
Battles engaged in, None mentioned.
Residence of soldier at enlistment, Athol, Mass.
Date of application for pension, by heirs, July 16, 1855.
Residence at date of application, See supplemental statement.
Age at date of application, —
Remarks: Soldier married Fanny Kilton, at Athol, Mass., July 16, 1780, removed to Champlain, N.Y., in 1805, and died Oct. 20, 1830, aged 75 years. Widow died July 10, 1847.
Very respectfully,
L. S. Fairbanks, Esq.,
Commissioner.
1904b1n Boston, Mass.

MISS RUTH COOPER BOX 24 ALTADENA, CALIFORNIA
June 29 th 22.
Rev
Commissioner of Pensions Pension Bureau Washington D. C.
Dear Sir:-
Please give me the military service of John Fairbanks who fought in the Revolutionary war from Athol - Mass.
I am his direct descendend and this is the first letter I have ever written your department.
Sincerely Ruth Cooper.